RAM KISHUN Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Shamsher Singh, learned counsel for the applicants learned AGA and have gone through the record

(2.) Instant application has been moved by Ram Kishun, S/o Siddh Gopal, Smt Mithama, W/o Siddh Gopal and Ram Sariehi, all residents of village Pailani Dera, police station Pailani, district Banda, u/s 482 Code of Criminal Procedure (hereinafter referred to as the Code) to quash order dated 20-10-2005 passed by learned Additional Chief Judicial Magistrate, Court No 10, Banda, whereby application moved by O P no 3, Ram Kishore, under Section 156(3) of the Code was allowed and direction was made to the Station Officer, police station Jaspura to make investigation in the case crime no C-5 of 2005 u/ss 498A, 304B I P C police station Pailani, district Banda, and to submit report The further request has been made to stay the arrest of the applicants during pendency of the investigation

(3.) The fact of the case as disclosed from the record is that O P No 3 Ram Kishore moved application against the applicants u/s 156(3) Cr P C in the Court A C J M Banda containing the fact that his sister Smt Sunita was married with Ram Kishun, applicant No 1 about six years before Presents were given according to financial status of the complainant but when Smt Sunita went to the residence of the applicants 1, 2 and 3 they started to cause torture on the ground that colour TV, buffalo and Rs 10,000/- were not given When the complainant went to the residence of Smt Sunita she told about the exercise of cruelty made on her Smt Sunita came back to her father's residence and narrated the grievances of the applicants 1 to 3 to her father Her father went to the residence of the applicants 1 to 3 and made request that his financial position was not so sound that he could give these articles and made request that his daughter be accommodated in the family Applicant Ram Kishun alongwith his Mausiya Ram Sanehi went to the residence of the complainant on 12-6-2005 and anyhow persuaded the complainant and his family members to send Smt Sunita, consequently Smt Sunita was sent with them to the residence of her husband But the torture caused by the family members of her husband continued Once Chandrraj of village Mawai Ghat went to the residence of the complainant on 25-7-2005 and informed that Smt Sunita had requested to bring her back to her father's residence The complainant alongwith his father went to the residence of the respondents 1 to 3 but they found that dead body of Smt Sunita was lying on a cot on 30-7-2005 at 7 00 P M In the application moved u/s 156(3) Cr P C , the allegation was made that poison was administered by the applicants to Smt Sunita Consequently the complainant moved application to Station Officer, police station Pailani, Superintendent of Police Banda and Hurman Rights Commission, New Delhi, but no action was taken against the accused persons They threatened if any legal action was taken against them (sic) This was the reason for moving application u/s 156(3) Cr P C